When identifying articles, chapters, and more to use in your online course (Blackboard, CoursePlus, etc.) please contact the Welch Medical Library Course Reserves.
Using Course Reserves ensures:
The use of copyrighted images for educational purposes is often allowed under Fair Use Exemptions to Copyright (U.S. Code, Title 17, Chapter 1, Section 107). Generally speaking, using copyrighted images for teaching and education is considered fair use when teaching in person. However, if you would like to post copyright protected images or other copyrighted content in an online course, you must conduct a fair use analysis to determine if the material's use is likely to be fair or unlikely to be fair. Walk through the tabs here to learn more about each factor and to determine whether your use is fair.
Overall, courts return to the same basic question regarding fair use. If the answer to the question below is "yes," then your use is likely to be fair:
Fair use favors using content within a non-profit education setting, but this is only a small part of an overall fair use assessment.
Fair use favors using copyrighted material for criticism, comment, news reporting, teaching, scholarship, or research.
Fair use favors transformative use where new meaning or context is added. Copying or duplicating copyright protected material weighs heavily against fair use.
Remember: you must still apply all four factors in your assessment, even if your use meets any or all of the above.
Using unpublished work (letters, manuscripts, etc.) weighs against fair use.
Using works that are already commercially available for the educational market weighs against fair use.
Fair use favors using factual or non-fiction works over creative works (fiction, art, poetry, etc.).
Source: Columbia's Fair Use Guide.
If you have the ability to purchase a copy of the material you would like, this weighs against fair use. You must assess whether the material is reasonably available for purchase or to license.
Fair use favors using content for research or scholarship purposes.
Transformative use is an important aspect of your assessment. Ask yourself, is the way you’re planning to display or use the item re-contextualizing it for different purposes? If you are transforming the content specifically for public benefit, that heavily favors fair use. Taking something and adding new analysis for teaching, for example, is a great example of a transformative use.
Using openly licensed content (textbooks, courses, and multimedia, e.g.), like materials with a Creative Commons (CC) license, allows instructors more flexibility in using copyrighted content in courses. The image below breaks down each CC license and the affiliated permissions and restrictions.
See "Open Educational Resources (OER)" to identify openly licensed content by type.